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Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare
Retail Investor Remedies Under Rule 10b-5, Jennifer O'Hare
Jennifer O'Hare
This paper assesses the private remedies available under Rule 10b-5 to retail investors who have been defrauded by false corporate disclosures. After comparing the treatment received by retail investors to the treatment received by institutional investors, I identify several areas in which the federal securities laws disfavor retail investors who have been defrauded by false corporate disclosures, including the creation of a two-tiered system of investor remedies for securities fraud. Institutional investors are permitted to pick and choose which law and forum offers them the most attractive chance for recovery, but retail investors typically do not have this opportunity. They …
Sovereign States? The State Of The Question From A Catholic Perspective, Patrick Mckinley Brennan
Sovereign States? The State Of The Question From A Catholic Perspective, Patrick Mckinley Brennan
Patrick McKinley Brennan
No abstract provided.
A Quandary In Law? A (Qualified) Catholic Denial, Patrick Mckinley Brennan
A Quandary In Law? A (Qualified) Catholic Denial, Patrick Mckinley Brennan
Patrick McKinley Brennan
A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard 2004), this paper asks whether the “quandary” in which Smith finds modern law and jurisprudence is not, at least in part, the consequence of misunderstanding the classical natural law jurisprudence. The paper advances an interpretation of natural law according to which the natural law is the human person’s “participation” in the eternal law itself, with literally cosmic consequences for how we understand the ends and measures of human lawmaking. Mounting an argument against Justice Scalia’s thesis that “God applies the natural law,” the paper goes …
The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan
The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan
Patrick McKinley Brennan
Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the state, to the point that the state now appears to have only a tentative grasp on the natural law basis of its legitimacy. During the first part of the twentieth century, Catholic social doctrine tended to view the legitimate state as a participant in the divine rule; although draped in a sacred mantle, the state was subject to the limits imposed by the divine and natural law. In response to the totalitarian states’ transgressing of those limits at mid-century, Catholic thinkers reduced the scope and …